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Terms of Service

PLEASE READ THE
FOLLOWING TERMS OF SERVICEAGREEMENT CAREFULLY. BY ACCESSING OR USING OURWEBSITE
(THE "SITE") OR OUR SERVICES, YOU HEREBY AGREETO BE BOUND BY THESE TERMS AND
CONDITIONS AND ALLTERMS INCORPORATED HEREIN BY REFERENCE. IT IS THERESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS ANDCONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOUDO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS ANDCONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITEOR OUR SERVICES.
The present terms and conditions (this "Agreement
"
or "
Terms
") is a legal agreementbetween you and
BELLA COCO SKIN
(hereinafter
"
BCS
"), a company duly organized andvalidly existing, located at
,
,
Georgia
.
This Agreement annuls and voids all previousagreements.
OVERVIEW
The
Site (
Bellacoco.co
) is operated by
BCS
.
Throughout the Site, the terms "
we
",
"
us
" and"
our
" refer to
BCS
.
BCS
offers this Site, including all information, tools and services availablefrom
this Site to you, the user, conditioned upon your acceptance of all terms,
conditions,policies and notices stated here.
By
visiting our Site and/or purchasing something from us, you engage in our
"Service" andagree to be bound by the following terms and conditions,
including those additional terms andconditions and policies referenced herein
and/or available by hyperlink. These Terms apply toall users of the Site,
including without limitation users who are browsers, vendors, customers,merchants, and/or contributors of content. In the event of an inconsistency
between thisAgreement and any additional terms or policies referenced herein,
the provisions of theadditional terms or policies shall control.
Please
read these Terms carefully before accessing or using our Site. By accessing or
usingany part of the Site, you agree to be bound by these Terms. If you do not
agree to all the Termsof this Agreement, then you may not access the Site or
use any Service. If these Terms areconsidered an offer, acceptance is
expressly limited to these Terms.
Any
new features or tools which are added to the current store shall also be
subject to theTerms. You can review the most current version of the Terms at
any time on this page. Wereserve the right to update, change or replace any
part of these Terms by posting updatesand/or changes to our Site. It is your
responsibility to check this page periodically for changes.
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Your continued use
of or access to the Site following the posting of any changes constitutesacceptance of those changes.
SECTION 1 - GENERAL
TERMS
By
agreeing to these Terms, you represent that you are at least the age of
majority in your stateor province of residence, or that you are the age of
majority in your state or province ofresidence and you have given us your
consent to allow any of your minor dependents to usethis Site.
You
may not use our products or Site for any illegal or unauthorized purpose nor
may you, inthe use of our products or Site, violate any laws in your
jurisdiction (including but not limitedto motor vehicle laws).
You
must not transmit any worms or viruses or any code of a destructive nature.
A
breach or violation of any of the Terms will result in an immediate termination
of youraccount and right to use our Service.
We
have the right, but not the obligation, to take any of the following actions in
our solediscretion at any time and for any reason without giving you any prior
notice:
1. Restrict, suspend or terminate your
access to all or any part of our Site;
2. Change, suspend or discontinue all or any
part of our products or Site;
3. Refuse, move, or remove any content that
is available on all or any part of our Site;
4. Deactivate or delete your accounts;
5. Establish general practices and limits
concerning use of our Site.
You
agree that we will not be liable to you or any third party for taking any of
these actions.
You
understand and agree that our Site may include communications such as serviceannouncements and administrative or legal notices from us. Please note that you
cannot optout of receiving these notices.
You
understand that your content (not including credit card information), may be
transferredunencrypted and involve (a) transmissions over various networks;
and (b) changes to conformand adapt to technical requirements of connecting
networks or devices. Credit cardinformation is always encrypted during
transfer over networks.
You
agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Site, useof the Site, or access to the Site or any contact on the Site,
without express written permissionby us.
You
may not modify, publish, transmit, reverse engineer, participate in the
transfer or sale,create derivative works, or in any way exploit any of the
content, in whole or in part, found onthe Site.
BCS
content is not for resale. Use of the Site does not entitle users to make anyunauthorized use of any protected content, and in particular you will not
delete or alter any
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proprietary rights or attribution notices in any content.
You will use protected content solelyfor your personal use, and will make no
other use of the content without the express writtenpermission of
BCS
and the copyright owner. You agree that you do
not acquire any ownershiprights in any protected content. We do not grant you
any licenses, express or implied, to theintellectual property of
BCS
or our licensors except as expressly authorized
by these Terms.
SECTION 2 - CREATING
AN ACCOUNT
Once
you create an account with us, you are registered on the
BCS
Site. The terms "member,""membership," and
"account" all refer to this registration as a member on
BCS
's Site. If youare merely surfing or browsing
through the Site and have not yet created an account, your useof the Site is
still subject to this Agreement; if you do not agree to this Agreement, do not
usethe Site.
When
you create an account, you will provide a unique username and email.
We will also askyou to create a
password.
Because any activities that
occur under your username or passwordare your responsibility it is important
for you to keep your username and/or password secure.You may not assign or
otherwise transfer your account to any other person or entity. Youacknowledge
that
BCS
is not responsible for third party access
to your account that resultsfrom theft or misappropriation of your account.
Notify us immediately if you believe thatsomeone has used your username,
email, or password without your authorization.
Furthermore,
the registering party hereby acknowledges, understands and agrees to:
a) furnish
factual, correct, current and complete information with regards to yourself asmay be requested by the data registration process, and
b) maintain and
promptly update your registration and profile information in an effortto
maintain accuracy and completeness at all times.
If
anyone knowingly provides any information of a false, untrue, inaccurate or
incompletenature,
BELLA COCO SKIN
will have sufficient grounds and rights to
suspend or terminatethe member in violation of this aspect of the Agreement,
and as such refuse any and all currentor future use of
BELLA COCO SKIN
Services, or any portion thereof.
SECTION 3 - CONDUCT
As
a user or member of the Site, you herein acknowledge, understand and agree that
allinformation, text, software, data, photographs, music, video, messages, tags
or any othercontent, whether it is publicly or privately posted and/or
transmitted, is the expressed soleresponsibility of the individual from whom
the content originated. In short, this means thatyou are solely responsible
for any and all content posted, uploaded, emailed, transmitted orotherwise
made available by way of the
BCS
Services, and as
such, we do not guarantee theaccuracy, integrity or quality of such content.
It is expressly understood that by use of ourServices, you may be exposed to
content including, but not limited to, any errors or omissionsin any content
posted, and/or any loss or damage of any kind incurred as a result of the use
ofany content posted, emailed, transmitted or otherwise made available by
BCS
.
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Furthermore,
you herein agree not to make use of
BELLA COCO SKIN
's Services for thepurpose of:
a) uploading,
posting, emailing, transmitting, or otherwise making available anycontent that
shall be deemed unlawful, harmful, threatening, abusive, harassing,tortious,
defamatory, vulgar, obscene, libelous, or invasive of another's privacy orwhich is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to
minors in any manner whatsoever;
c) impersonating
any individual or entity, including, but not limited to, any
BCS
officials, forum leaders, guides or hosts
or falsely stating or otherwisemisrepresenting any affiliation with an
individual or entity;
d) forging
captions, headings or titles or otherwise offering any content that youpersonally have no right to pursuant to any law nor having any contractual or
fiduciaryrelationship with;
e) uploading, posting,
emailing, transmitting or otherwise offering any such contentthat may infringe
upon any patent, copyright, trademark, or any other proprietary orintellectual
rights of any other party;
f) uploading,
posting, emailing, transmitting or otherwise offering any content that youdo
not personally have any right to offer pursuant to any law or in accordance
with anycontractual or fiduciary relationship;
g) uploading,
posting, emailing, transmitting, or otherwise offering any unsolicited orunauthorized advertising, promotional flyers, "junk mail," "spam," or any other
form ofsolicitation, except in any such areas that may have been designated
for such purpose;
h) uploading,
posting, emailing, transmitting, or otherwise offering any source thatmay
contain a software virus or other computer code, any files and/or programs
whichhave been designed to interfere, destroy and/or limit the operation of
any computersoftware, hardware, or telecommunication equipment;
i) disrupting the
normal flow of communication, or otherwise acting in any manner thatwould
negatively affect other users' ability to participate in any real time
interactions;
j) interfering with or disrupting any
BELLA COCO SKIN
Services, servers and/ornetworks that may be connected or related to our
website, including, but not limited to,the use of any device software and/or
routine to bypass the robot exclusion headers;
k) intentionally or unintentionally
violating any local, state, federal, national orinternational law, including,
but not limited to, rules, guidelines, and/or regulationsdecreed by the U.S.
Securities and Exchange Commission, in addition to any rules ofany nation or
other securities exchange, that would include without limitation, the New
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York
Stock Exchange, the American Stock Exchange, or the NASDAQ, and anyregulations
having the force of law;
l) providing informational support or
resources, concealing and/or disguising thecharacter, location, and or source to
any organization delegated by the United Statesgovernment as a "foreign
terrorist organization" in accordance to Section 219 of theImmigration
Nationality Act;
m) "stalking" or with the intent to
otherwise harass another individual; and/or
n) collecting or storing of any personal
data relating to any other member or user inconnection with the prohibited
conduct and/or activities which have been set forth inthe aforementioned
paragraphs.
BELLA COCO SKIN
herein reserves the right to pre-screen,
refuse and/or delete any contentcurrently available through our Services. In
addition, we reserve the right to remove and/ordelete any such content that
would violate the Terms or which would otherwise be consideredoffensive to
other visitors, users and/or members.
BELLA COCO SKIN
herein reserves the right to access,
preserve and/or disclose memberaccount information and/or content if it is
requested to do so by law or in good faith belief thatany such action is
deemed reasonably necessary for:
a) compliance with
any legal process;
b) enforcement of
the Terms;
c) responding to
any claim that therein contained content is in violation of the rights ofany
third party;
d) responding to
requests for customer service; or
e) protecting the rights, property or the
personal safety of
BELLA COCO SKIN
, itsvisitors, users and members,
including the general public.
BELLA COCO SKIN
herein reserves the right to include the
use of security components thatmay permit digital information or material to
be protected, and that such use of informationand/or material is subject to
usage guidelines and regulations established by
BELLA COCOSKIN
or any
other content providers supplying content services to
BELLA COCO SKIN
.
Youare hereby prohibited from making any attempt to override or circumvent any
of the embeddedusage rules in our Services. Furthermore, unauthorized
reproduction, publication, distribution,or exhibition of any information or
materials supplied by our Services, despite whether doneso in whole or in
part, is expressly prohibited.
SECTION 4 - GLOBAL
USE; EXPORT/IMPORTCOMPLIANCE
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Due
to the global nature of the internet, through the use of our network you hereby
agree tocomply with all local rules relating to online conduct and that which
is considered acceptablecontent. Uploading, posting and/or transferring of
software, technology and other technicaldata may be subject to the export and
import laws of the United States and possibly othercountries. Through the use
of our network, you thus agree to comply with all applicable exportand import
laws, statutes and regulations, including, but not limited to, the ExportAdministration Regulations (
http://www.access.gpo.gov/bis/ear/ear_data.html
), as well as thesanctions control program of the United States (
http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx
). Furthermore, you
state and pledge that you:
a) are not on the
list of prohibited individuals which may be identified on anygovernment export
exclusion report(
http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm
) nor a memberof
any other government which may be part of an export-prohibited country
identifiedin applicable export and import laws and regulations;
b) agree not to
transfer any software, technology or any other technical data throughthe use
of our network Services to any export-prohibited country;
c) agree not to
use our website network Services for any military, nuclear, missile,chemical
or biological weaponry end uses that would be a violation of the U.S. exportlaws; and
d) agree not to
post, transfer nor upload any software, technology or any othertechnical data
which would be in violation of the U.S. or other applicable export and/orimport laws.
SECTION 5 - SUBMITTED
CONTENT
BELLA COCO SKIN
shall not lay claim to ownership of any
content submitted by anyvisitor, member, or user, nor make such content
available for inclusion on our websiteServices. Therefore, you hereby grant
and allow for
BELLA COCO SKIN
the below listedworldwide, royalty-free
and non-exclusive licenses, as applicable:
a) The content
submitted or made available for inclusion on the publicly accessibleareas of
BELLA COCO SKIN
's
Sites, the license provided to permit to use, distribute,reproduce, modify,
adapt, publicly perform and/or publicly display said Content on ournetwork Services
is for the sole purpose of providing and promoting the specific areato which
this content was placed and/or made available for viewing. This license shallbe available so long as you are a member of
BELLA COCO SKIN
's sites,
and shallterminate at such time when you elect to discontinue your membership.
b) Photos, audio,
video and/or graphics submitted or made available for inclusion onthe publicly
accessible areas of
BELLA COCO SKIN
's sites, the license provided topermit to use, distribute, reproduce, modify, adapt, publicly perform and/or
publiclydisplay said Content on our network Services are for the sole purpose
of providing andpromoting the specific area in which this content was placed
and/or made available for
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viewing. This license shall be available so long as
you are a member of
BELLA COCOSKIN
's sites and shall terminate at
such time when you elect to discontinue yourmembership.
c) For any other
content submitted or made available for inclusion on the publiclyaccessible
areas of
BELLA COCO SKIN
's sites, the continuous, binding andcompletely sub-licensable license which is meant to permit to use, distribute,reproduce, modify, adapt, publish, translate, publicly perform and/or publicly
displaysaid content, whether in whole or in part, and the incorporation of any
such Contentinto other works in any arrangement or medium current used or
later developed.
Those
areas which may be deemed "publicly accessible" areas of
BELLA COCO SKIN
's
Sitesare those such areas of our network properties which are meant to be
available to the generalpublic, and which would include message boards and
groups that are openly available to bothusers and members. However, those
areas which are not open to the public, and thus availableto members only,
would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY
WEBSITE
BELLA COCO SKIN
may provide an area for our user and
members to contribute feedback toour website. When you submit ideas,
documents, suggestions and/or proposals("
Contributions
")
to our site, you acknowledge and agree that:
a) your contributions
do not contain any type of confidential or proprietaryinformation;
b)
BCS
shall not be liable or under any
obligation to ensure or maintain confidentiality,expressed or implied, related
to any Contributions;
c)
BCS
shall be entitled to make use of and/or
disclose any such Contributions in anysuch manner as they may see fit;
d) the
contributor's Contributions shall automatically become the sole property of
BCS
;and
e)
BCS
is under no obligation to either
compensate or provide any form ofreimbursement in any manner or nature.
SECTION 6 - INDEMNITY
All
users and/or members agree to insure and hold
BELLA COCO SKIN
, our
subsidiaries,affiliates, agents, employees, officers, partners and/or
licensors blameless or not liable for anyclaim or demand, which may include,
but is not limited to, reasonable attorney fees made byany third party which
may arise from any content a
member or user
of our Site may submit,post, modify, transmit or otherwise make available
through our Services, the use of
BCS
Services or
your connection with these Services, your violations of the Terms of Serviceand/or your violation of any such rights of another person.
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SECTION 7 - COMMERCIAL
REUSE OF SERVICES
The
member or user herein agrees not to replicate, duplicate, copy, trade, sell,
resell norexploit for any commercial reason any part, use of, or access to
BCS
's
sites.
SECTION 8 - MODIFICATIONS
BELLA COCO SKIN
reserves the right at any time it may deem fit, to modify, alter and ordiscontinue, whether temporarily or permanently, our service, or any part
thereof, with orwithout prior notice. In addition, we shall not be held liable
to you or to any third party for anysuch alteration, modification, suspension
and/or discontinuance of our Services, or any partthereof.
SECTION 9 - TERMINATION
As
a member of
Bellacoco.co
, you may cancel or terminate your
account, associated emailaddress and/or access to our Services by submitting a
cancellation or termination request to
.
As
a member, you agree that
BELLA COCO SKIN
may, without any prior
written notice,immediately suspend, terminate, discontinue and/or limit your
account, any email associatedwith your account, and access to any of our Services.
The cause for such termination,discontinuance, suspension and/or limitation of
access shall include, but is not limited to:
a) any breach or
violation of our Terms or any other incorporated agreement,regulation and/or
guideline;
b) by way of
requests from law enforcement or any other governmental agencies;
c) the
discontinuance, alteration and/or material modification to our Services, or anypart thereof;
d) unexpected
technical or security issues and/or problems;
e) any extended
periods of inactivity;
f) any engagement
by you in any fraudulent or illegal activities; and/or
g) the nonpayment
of any associated fees that may be owed by you in connection withyour
Bellacoco.co
account Services.
Furthermore,
you herein agree that any and all terminations, suspensions, discontinuances,
andor limitations of access for cause shall be made at our sole discretion and
that we shall not beliable to you or any other third party with regards to the
termination of your account,associated email address and/or access to any of
our Services.
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The
termination of your account with
Bellacoco.co
shall include any
and/or all of thefollowing:
a) the removal of any access to all or
part of the Services offered within
Bellacoco.co
;
b) the deletion of your password and any
and all related information, files, and anysuch content that may be associated
with or inside your account, or any part thereof;and
c) the barring of any further use of all
or part of our Services.
SECTION 10 - LINKS
Either
BELLA COCO SKIN
or any third
parties may provide links to other websites and/orresources. Thus, you
acknowledge and agree that we are not responsible for the availability ofany
such external sites or resources, and as such, we do not endorse nor are we
responsible orliable for any content, products, advertising or any other
materials, on or available from suchthird-party sites or resources.
Furthermore, you acknowledge and agree that
BELLA COCOSKIN
shall not be responsible or liable, directly
or indirectly, for any such damage or losswhich may be a result of, caused or
allegedly to be caused by or in connection with the use ofor the reliance on
any such content, goods or Services made available on or through any suchsite
or resource.
SECTION 11 - PROPRIETARY
RIGHTS
You
do hereby acknowledge and agree that
BELLA COCO SKIN
's Services and
any essentialsoftware that may be used in connection with our Services
("Software") shall containproprietary and confidential material that is
protected by applicable intellectual property rightsand other laws.
Furthermore, you herein acknowledge and agree that any Content which maybe
contained in any advertisements or information presented by and through our Services
orby advertisers is protected by copyrights, trademarks, patents or other
proprietary rights andlaws. Therefore, except for that which is expressly permitted
by applicable law or asauthorized by
BELLA COCO SKIN
or such
applicable licensor, you agree not to alter, modify,lease, rent, loan, sell,
distribute, transmit, broadcast, publicly perform and/or created anyplagiaristic works which are based on
BELLA COCO SKIN
Services (e.g. Content orSoftware), in whole
or part.
BELLA COCO SKIN
hereby grants you a personal,
non-transferable and non-exclusive rightand/or license to make use of the
object code or our Software on a single computer, as long asyou do not, and
shall not, allow any third party to duplicate, alter, modify, create or
plagiarizework from, reverse engineer, reverse assemble or otherwise make an
attempt to locate ordiscern any source code, sell, assign, sublicense, grant a
security interest in and/or otherwisetransfer any such right in the Software.
Furthermore, you do herein agree not to alter or changethe Software in any
manner, nature or form, and as such, not to use any modified versions ofthe
Software, including and without limitation, for the purpose of obtaining
unauthorizedaccess to our Services. Lastly, you also agree not to access or
attempt to access our Services
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through any means other than through the
interface which is provided by
BELLA COCOSKIN
for use in accessing
our Services.
SECTION 12 - WARRANTY
DISCLAIMERS
YOU
HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF
BELLA COCO SKIN
SERVICES AND SOFTWARE ARE AT THESOLE
RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDEDON AN "AS IS" AND/OR
"AS AVAILABLE" BASIS.
BELLA COCO SKIN
ANDOUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS,PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND
ALLWARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED,INCLUDING, BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b)
BELLA COCO SKIN
AND OUR SUBSIDIARIES, OFFICERS,
EMPLOYEES,AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT(i)
BELLA COCO SKIN
SERVICES OR SOFTWARE WILL MEET YOURREQUIREMENTS; (ii)
BELLA COCO SKIN
SERVICES OR SOFTWARE SHALLBE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCHRESULTS WHICH MAY BE OBTAINED
FROM THE USE OF THE
BELLA COCOSKIN
SERVICES OR SOFTWARE WILL BE ACCURATE OR
RELIABLE; (iv)QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHERMATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOUTHROUGH OUR SERVICES OR
SOFTWARE WILL MEET YOUREXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN
THESOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION
OR MATERIAL DOWNLOADED OR OTHERWISEOBTAINED BY WAY OF
BELLA COCO SKIN
SERVICES OR SOFTWARESHALL BE ACCESSED
BY YOUR SOLE DISCRETION AND SOLE RISK, ANDAS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVEANY AND ALL CLAIMS AND CAUSES OF ACTION WITH
RESPECT TO ANYDAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS,DOWNLOADING AND/OR
DISPLAYING, OR FOR ANY LOSS OF DATA THATCOULD RESULT FROM THE DOWNLOAD OF ANY
SUCH INFORMATION ORMATERIAL.
d) NO ADVICE
AND/OR INFORMATION, DESPITE WHETHER WRITTEN ORORAL, THAT MAY BE OBTAINED BY
YOU FROM
BELLA COCO SKIN
OR
BYWAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANYWARRANTY NOT
EXPRESSLY STATED IN THE TERMS.
e) A SMALL
PERCENTAGE OF SOME USERS MAY EXPERIENCE SOMEDEGREE OF EPILEPTIC SEIZURE WHEN
EXPOSED TO CERTAIN LIGHT
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PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON ACOMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAINCONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION ORUNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NOHISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONEYOU KNOW
OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTICCONDITION, PLEASE CONSULT A PHYSICIAN
IF YOU EXPERIENCE ANY OFTHE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES:
DIZZINESS,ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 - LIMITATION
OF LIABILITY
YOU
EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT
BELLACOCO SKIN
AND
OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANYPUNITIVE, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARYDAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES WHICH MAY BERELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA
AND/OROTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OFSUCH
POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR
SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS
AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE
ALTERATION OF YOURTRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD
PARTY ON OURSERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE
RELATED TO OUR SERVICE.
SECTION 14 - RELEASE
In
the event you have a dispute, you agree to release
BELLA COCO SKIN
(and its officers,directors, employees, agents, parent subsidiaries,
affiliates, co-branders, partners and any otherthird parties) from claims,
demands and damages (actual and consequential) of every kind andnature, known
and unknown, suspected or unsuspected, disclosed and undisclosed, arising outof or in any way connected to such dispute.
SECTION 15 - NOTICE
BELLA COCO SKIN
may furnish you with notices, including
those with regards to anychanges to the Terms, including but not limited to
email, regular mail, MMS or SMS, text
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messaging, postings on our website Services,
or other reasonable means currently known orany which may be herein after
developed. Any such notices may not be received if you violateany aspects of
the Terms by accessing our Services in an unauthorized manner. Youracceptance
of this Agreement constitutes your agreement that you are deemed to havereceived any and all notices that would have been delivered had you accessed
our Services inan authorized manner.
SECTION 16 - INTELLECTUAL
PROPERTY RIGHTS
You
herein acknowledge, understand and agree that all of the
BELLA COCOSKIN
trademarks, copyright, trade name, service marks, and other
BELLA COCO SKIN
logosand any brand features, and/or product and service names are trademarks
and as such, are andshall remain the property of
BELLA COCO SKIN
. You
herein agree not to display and/or usein any manner the
BELLA COCO SKIN
logo or marks without obtaining
BELLA COCOSKIN
's prior written
consent.
BELLA COCO SKIN
will always respect the intellectual
property of others, and we ask thatall of our users do the same. With regards
to appropriate circumstances and at its solediscretion,
BELLA COCO SKIN
may disable and/or terminate the
accounts of any user whoviolates our Terms and/or infringes the rights of
others. If you feel that your work has beenduplicated in such a way that would
constitute copyright infringement, or if you believe yourintellectual property
rights have been otherwise violated, you should provide to us thefollowing
information:
a) The electronic or the physical
signature of the individual that is authorized on behalfof the owner of the copyright
or other intellectual property interest;
b) A description of the copyrighted work
or other intellectual property that you believehas been infringed upon;
c) A description of the location of the
site which you allege has been infringing uponyour work;
d) Your physical address, telephone
number, and email address;
e) A statement, in which you state that
the alleged and disputed use of your work is notauthorized by the copyright
owner, its agents or the law;
f) And finally, a statement, made under
penalty of perjury, that the aforementionedinformation in your notice is truthful
and accurate, and that you are the copyright orintellectual property owner,
representative or agent authorized to act on the copyrightor intellectual
property owner's behalf.
The
BELLA COCO SKIN
agent for notice
of claims of copyright or other intellectualproperty infringement can be
contacted as follows:
Mailing
Address:
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BELLA COCO SKIN
Attn:
Copyright Agent
,
Georgia
Telephone:
424-341-5610
Email:
INFO@BELLACOCO.CO
SECTION 17 - ENTIRE
AGREEMENT
This
Agreement constitutes the entire agreement between you and
BELLA COCO SKIN
andshall govern the use of our Services, superseding any prior version of this
Agreement betweenyou and us with respect to
BELLA COCO SKIN
Services.
You may also be subject toadditional terms and conditions that may apply when
you use or purchase certain other
BELLA COCO SKIN
Services, affiliate Services,
third-party content or third-party software.
SECTION 18 - CHOICE
OF LAW AND FORUM
It
is at the mutual agreement of both you and
BELLA COCO SKIN
with regard
to theAgreement that the relationship between the parties shall be governed by
the laws of the stateof
Georgia
without regard to its
conflict of law provisions and that any and
all claims,
causesof action and/or disputes, arising out of or relating to the
Agreement,
or the relationshipbetween you and
BELLA COCO SKIN
, shall be filed
within the courts having jurisdictionwithin the County of
FULTON
,
Georgia
or the U.S. District Court located in
said state. Youand
BELLA COCO SKIN
agree to submit to the
jurisdiction of the courts as previouslymentioned, and agree to waive any and
all objections to the exercise of jurisdiction over theparties by such courts
and to venue in such courts.
SECTION 19 - WAIVER
AND SEVERABILITY OF TERMS
At
any time, should
BELLA COCO SKIN
fail to exercise or enforce any right or
provision ofthe Agreement, such failure shall not constitute a waiver of such
right or provision. If anyprovision of this Agreement is found by a court of
competent jurisdiction to be invalid, theparties nevertheless agree that the
court should endeavor to give effect to the parties' intentionsas reflected in
the provision, and the other provisions of the Agreement remain in full forceand effect.
SECTION 20 - NO RIGHT
OF SURVIVORSHIP NON-TRANSFERABILITY
You
acknowledge, understand and agree that your account is non-transferable and any
rights toyour ID and/or contents within your account shall terminate upon your
death. Upon receipt ofa copy of a death certificate, your account may be
terminated and all contents thereinpermanently deleted.
SECTION 21 - STATUTE
OF LIMITATIONS
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You
acknowledge, understand and agree that regardless of any statute or law to the
contrary,any claim or action arising out of or related to the use of our Services
or the Agreement mustbe filed within
5
year(s) after
said claim or cause of action arose or shall be forever barred.
SECTION 22 - VIOLATIONS
Please
report any and all violations of this Agreement to
BELLA COCO SKIN
as
follows:
Mailing
Address:
BELLA COCO SKIN
,
Georgia
Telephone:
424-341-5610
Email:
INFO@BELLACOCO.CO
SECTION 23 - GOVERNMENT
REQUESTS
In
order to cooperate with governmental requests, subpoenas or court orders, to
protect oursystems, or to ensure the integrity and operation of our business
and systems, we may accessand disclose any information we consider necessary
or appropriate, including and withoutlimitation, your information, IP address,
and usage history. Our right to disclose any suchinformation is governed
by the terms of our Privacy Policy.
SECTION 24 - FOREIGN
ACCESS OF SITE
The
Site is controlled, operated and administered by
BCS
from our offices within the USA. Ifyou access the Site from a location outside
the USA, you are responsible for compliance withall local laws. You agree that
you will not use
BCS
's content accessed through the
Site in anycountry or in any manner prohibited by any applicable laws,
restrictions or regulations.
SECTION 25 -
ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on our Site that contains typographical errors,inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers,product shipping charges, transit times and availability.
We reserve the right to correct anyerrors, inaccuracies or omissions, and to
change or update information or cancel orders if anyinformation on the Site or
on any related Site is inaccurate at any time without prior notice(including
after you have submitted your order).
We
undertake no obligation to update, amend or clarify information on the Site or
on anyrelated Site, including without limitation, pricing information, except
as required by law. Nospecified update or refresh date applied on the Site or
on any related Site, should be taken toindicate that all information on the
Site or on any related Site has been modified or updated.
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